Easement by Necessity vs. Private Way of Necessity in Colorado: Key Legal Differences
The purpose of this article is to explain the difference in Colorado between an easement by necessity in Colorado and a private way of necessity. Landowners, real estate agents, lawyers, and even courts sometimes confuse the two or use terminology that confuses the two distinct concepts. Background In Colorado, a landowner who needs access across […]
For Sale by Owner in Colorado: Legal Protection for Sellers
©Mark Cohen, J.D., LL.M., Boulder, Colorado In today’s dynamic real estate market, Colorado property sellers are increasingly exploring alternative methods to maximize their profits. One such method is the For Sale by Owner (FSBO) transaction, which can potentially save sellers thousands of dollars in real estate commissions. However, navigating the complexities of a FSBO transaction […]
Selling Your Home “As Is”? Here’s Why You Might Be Wrong
Is Your Client Really Selling Their Home As Is? – was published in the August 2025 edition of The Colorado Lawyer magazine. The article explains why people who believe they are selling thier home “as is” may be wrong. Download it here
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Mark to Teach Contract Drafting
Center For American Studies Invites Mark to Teach Contract Drafting to Lawyers in Poland and Ukraine for a Fourth Year The Center for American Studies has invited Mark to teach Contract Drafting to lawyers in Poland and Ukraine once again. This will be the fourth year in a row that the CFAS has asked Mark […]
Mark Selected for Super Lawyers 5 Years in a Row
Mark’s peers again selected him as a Super Lawyer for 2025. This marks the fifth year in a row Mark has earned that that designation. Mark is available to serve as co-counsel or as a consultant in cases where his skills and experience are likely to be helpful.
Denver’s 9 News Interviews Mark as Contract Law Expert
On November 20, 2024, Denver’s 9 News interviewed Mark as a contract law expert. The case involved a real estate company that paid home owners a few thousand dollars in return for an exclusive right to list the property for forty years. The company then recorded the contract, thus making it difficult for the owner […]
Mark Wins 1st Place Award From Colorado Press Association in the Humor Category
In September 2024, the Colorado Press Association awarded Mark first place in the humor category for his column in The Nederland Mountain-Ear suggesting that the Town of Nederland replace its annual Frozen Dead Guy Days festival with Frozen Drag Queen Days. To read the article, click here.
Mark Helps HOA Enforce Its Covenants
A suit Mark filed in 2023 to help an HOA enforce its covenants against an owner building in violation of the covenants finally settled in September of 2024. The terms of the settlement are confidential, but the HOA achieved its goals.
Mark Obtains Quick Settlement of Partition Action in Telluride.
Mark filed a partition action in San Miguel County in July of 2024 concerning property owned by a man and a woman that were no longer involved with each other. The parties were able to reach a settlement quickly, and the case was dismissed in September of 2024.
Weld County Court Grants Mark’s Motion to Dismiss Lien Foreclosure Suit.
On October 29, 2029, a Weld County District Judge granted a motion to dismiss a foreclosure complaint Mark filed on behalf of his four clients. Mark’s motion argue that the Plaintiff’s complaint did not allege that three of the four defendants owned in any interest in the property that was the subject of the lien, […]
Mark Uses Cessation of Purpose Doctrine to Help Nullify a Shared Driveway Easement.
A suit Mark filed for his clients in Jefferson County was settled in August of 2024 in a way that allowed Mark’s clients to Obtain a Vacation of a shared driveway easement that had burdened their parcel for decades. When the easement was granted, there was no public road that reached the defendant’s parcel. But […]
Mark Again Teaches Contract Drafting to Lawyers in Poland and Ukraine.
On October 11th and 12th 2024, Mark again taught an intensive 7-hour webinar to lawyers in Poland and Ukraine on Practical Contract Drafting in English. The program was sponsored by the Center for American Studies in Warsaw. Mark first taught the course in 2022, and the feedback was so positive that CFAS invited Mark to teach it […]
Mark’s Photo Selected For Cover of The Colorado Lawyer Magazine
Mark’s photo titled, “Sunset and Sage Near Sedgwick” was selected to appear on the cover of May 2024 issue of The Colorado Lawyer magazine.
Mark Again Teaches Contract Drafting to Lawyers in Poland and Ukraine.
On October 13th and 14th 2023, Mark again taught an intensive 7-hour webinar to lawyers in Poland and Ukraine on Practical Contract Drafting in English.